U.S. Department ofTransportation Federal Aviation Administration In Reply Refer To: ACE-7 Office ofRegional Counsel 901 Locust, Room 506 Kansas City, MO**64106~2641**

Area Code: 816-329-3766 CERTIFIED MAIL- RETURNRECEIPT REQUESTED Certified Mail Receipt Nos. 70142870000128893345,70142870000128893321,70142870000128893338 July 16, 2015 Hearing Docket Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 Re: In the Matter ofJet Midwest Technik Case No. 2014CE050039 

# RECEIVED JUL Z

## 1Z015 HEARING DOCKET

Enclosed herewith please find an amended complaint in the above-referenced proceeding. Sincerely, A. Lester Haizlip

Senior Enforcement Attorney Enclosures
cc: Patrick Kraus Gregory S.Wynton, Esq.U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
In the Matter of:
Jet Midwest Technik, Inc. Served: July 16, 2015 FAADocketNo. FAA-2015-0637 FAA Case No. 20I4CE050039 Judge NotAssigned AMENDED COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Amended Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. I. On January 5, 2015, Respondent Jet MidwestTechnik, Inc. was advised through a Notice ofProposed Civil Penalty thatthe FAAproposedto assess a civil penalty in the amount of$50,000. On April 6, 2015, Respondent submitted a writtenrequest for ahearing. II.
1. At all times hereinafter mentioned JMTI was the holder ofAir Agency Certificate Number Certificate No. 5JMJR702B authorized to function as an approved repair station under Part 145 ofthe Federal Aviation Regulations (FAR). 2. On or about July 21, 2014, JMTI's accessory overhaul shop repaired and inspected 56 B/E Aerospace seats under Work Order (WO) 100085-0858, with associated FAA Form 8130-3 airworthiness approval tag. 3. Incidentto the noted inspections, JMTI indicated on FAA Form 8I30-3 that the repairs and inspections were completed using B/E Aerospace component maintenance manual (CMM), chapter 25, revision 1, dated May 09/03. 4. During routine surveillance conducted on August 26, 2014, by personnel from the2 Flight Standards District Office, Kansas City, Missouri, it was discovered that JMTI did not have
a current capability list showing the seats in question were eligible to be repaired and inspected by JMTI. 5. JMTI's Repair Station and Quality Control Manual, Section 4.8, Capability List, states that JMTI may onlyperformmaintenance on articles which are onJMT's capability list. 6. The surveillance disclosed the coverpage ofthe subject WO, associated with FAA Form 8130-3, had a blockmarked "yes" to indicate thatthe article is onthe capabilities list when, in fact, the B/E Aerospace seats had not been added to the airframe component capability list at the time the maintenance work identifiedherein was performed. 7. Based onthe foregoing, JMTI illegally repaired, inspected, and returnedto service 56 seats when it was not rated or authorizedto perform such maintenance. 8. The 56 seats in question were subsequently installed intwo Boeing 767 aircraft operatedbyDynamic Airways. III. 1. By reason ofthe foregoing facts and circumstances, Respondent violatedthe following sections ofthe Federal AviationRegulations:
a. Section 145.20l(a), whenJMTI failed to perform maintenance in accordance with part 43. b. Section 145.201(b), when JMTI maintained an article for which it is not rated.
c. Section 145.201 (c)(!), whenJMTI approved for returnto service an article when the maintenance was not performed in accordance with data acceptable to the Administrator.e. Section 145.207(a), when JMTI failed to followprocedures intheir repair station manual for adding articles to their capability list before maintaining such articles. 2. Pursuantto Title 49 U.S.C. 46301, Respondent is subject to a civil penalty notto exceed $11,000 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civilpenalty of$40,000 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests thatthe Administrative LawJudge enter an order that Respondent be assessed a civil penalty in the amount of$40,000. Datedthis 16th day ofJuly, 2015. Respectfully submitted, A. Lester Haizlip Regional Counsel

Attorney for Complainant Federal AviationAdministration 901 Locust St., Room 506 Kansas City, MO 64106-2641 816-329-3765; Fax (816) 329-3771 3Jet Midwest Technik, Inc., FAA Case No. 2014CE050039 CERTIFICATE OF SERVICE I hereby certifythat I have this date placed inthe United States mail, certified, return receipt requested, a copy ofthe Administrator's Amended Complaint, addressed to: Mr. Patrick Kraus, President Jet Midwest Technik, Inc. 9200 NW 112'h Street Kansas City, MO 64153 Gregory S. Winton, Esq. The AviationLawFirm 1997 Annapolis Exchange Parkway Suite 300 Annapolis, MD 21401 In addition, Ihereby certify that I have this date placed in the United States mail, certified, returnreceiptrequested, the original and one copy, addressed to: Federal Aviation Administration 800 Independence Avenue, SW. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000

Datedthis 161 h day ofJuly, 2015.

# t1t~vA. f-<1. !M/'-"'""' Alisa Gause Paralegal Specialist 

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